Prisons ban book by local attorneys

Jack Moran @JackMoranRG

Saturday

Apr 8, 2017 at 12:01 AM

Oregon Department of Corrections officials have banned from state prisons a book written by two Eugene attorneys about one of their clients — a former Marine sniper and professional fighter who is serving time for fatally shooting an unarmed man in Springfield in 2014.

A spokeswoman for the corrections department says the book documenting Gerald Strebendt’s case is prohibited because it falls into the “true crime” genre of publications that aren’t allowed in Oregon prisons for security reasons. A state law gives prison officials broad leeway to deny inmates access to materials that could threaten the safety or order of a penitentiary.

“Our experience shows that allowing publications inside about inmates’ notorious crime activity can draw unwanted attention and may be disruptive,” she said. “Our No. 1 priority is to keep staff and inmates safe. We feel that increased attention on any inmate may cause disruption to the orderly operations of the facility.”

One of the two authors, Eugene lawyer Mike Arnold, takes issue with the corrections department’s decision to ban his book — which he argues is as much an “attorney memoir” as it is a tale of true crime. Arnold said he’s unlikely to file a formal appeal of the decision or lawsuit alleging a First Amendment violation, although he has considered it.

“When you go to prison, you forfeit a lot of your rights,” Arnold said. “But the government is not in control of your mind. To say a book is a security threat? A threat to security is crushing free speech.”

Strebendt, now 38, was arrested and charged with murder in March 2014, for using a semiautomatic rifle to shoot and kill fellow Springfield resident David Crofut, who was unarmed at the time. The shooting happened after the two men got into a confrontation following a minor traffic collision on Bob Straub Parkway in southeast Springfield.

Strebendt was on the phone with a 911 dispatcher when the shooting happened and asserted that he shot Crofut in self-defense. He said that Crofut, whose blood-alcohol level was nearly twice the legal limit for an intoxicated driver, had threatened his life and claimed to be armed.

Fifteen months after his arrest, Strebendt pleaded guilty to a drastically reduced charge of criminally negligent homicide and was sentenced in a plea deal to four years, 10 months in prison. He was given credit for time served in jail between the time of his arrest and conviction, and a chance to have the sentence shortened by displaying good behavior while in prison.

Prosecutors agreed to the plea deal after acknowledging that a significant amount of Crofut’s DNA had been found on the barrel handguard of Strebendt’s gun, suggesting that Crofut had a grip on the weapon sometime before he was shot, former Lane County District Attorney Alex Gardner said in 2015.

Arnold said the self-published book he completed with colleague Emilia Gardner, titled “Finishing Machine” — a nod to Strebendt’s nickname during his time as a professional mixed martial arts fighter — is written from his perspective.

Arnold said he tried to mail Strebendt and another state prison inmate copies of the book in January, and was surprised when the order “bounced back” to him. He said that he previously was able to send Strebendt a copy of the manuscript for review, without a problem.

Bernt confirmed the title now is on her agency’s “prohibited publications” list. Arnold said that decision has given him an idea on how he might better market the book.

“I’ll put a new jacket on it, saying it’s banned in Oregon state prisons,” he said.

Arnold said a portion of proceeds from sales of the book — which is available online — will go to Strebendt, to help him transition from prison life back into society. Before his arrest, Strebendt operated a gym in downtown Springfield. He’s now incarcerated at the Santiam Correctional Institution in Salem.

Arnold said Strebendt expects to be released in August. The Department of Corrections’ website, however, lists Strebendt’s earliest release date as being Jan. 16, 2018. Bernt said Strebendt could get out of prison sooner than the projected release date if corrections officials select him for an alternative incarceration program.

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